Bill to remove Character and Reputation Clause for an LTCF

[PAMedic=F|A=]

Removal of PA Character and Reputation Clause for an LTCF

CONTACT YOU LEGISLATOR.




Today, Representative Russ Diamond and 20 pro-Second Amendment/Article 1, Section 21 Representatives submitted a new bill, HB 918, which would remove the character and reputation / good cause provision of 18 Pa.C.S. 6109. Many issuing authorities, like Philadelphia and Monroe have utilized the character and reputation provision to prevent law-abiding individuals from obtaining an LTCF.

Representative Diamond’s memo details how a young lady, who has no criminal or mental health background, was granted an LTCF in one county and after moving to another county, denied her renewal. (Although it was in a different county, since she had a valid LTCF at the time of application, the law supports that such was a renewal, even though with a different issuing authority.) Furthermore, Representative Diamond’s memo explains how the character and reputation clause is violative of Article 2, Section 1 of the Pennsylvania Constitution, as it is an unlawful delegation of power, supported by legions of PA Supreme Court case law.

Please support HB 918 by contacting your Pennsylvania Representatives and requesting that they co-sponsor or support HB 918. Together, we can remove this unconstitutional provision that permits the unequal application of the law and preempt issuing authorities from revoking resident’s Article 1, Section 21 rights!

https://blog.princelaw.com/2017/03/2...e-for-an-ltcf/


http://www.legis.state.pa.us/cfdocs/...&type=B&bn=918

Pennsylvania House of Representatives
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House of Representatives
Session of 2017 - 2018 Regular Session
MEMORANDUM
Posted: March 6, 2017 09:56 AM
From: Representative Russ Diamond
To: All House members
Subject: Preemption of Local LCTF Regulation

In the near future I will be introducing legislation to affirm the General Assembly’s will and authority in regards to the issuance of a license to carry firearms (LCTF). In short, my legislation will eliminate the “character and reputation” provision contained within Title 18.

The character and reputation provision provides no definitions, standards, policies or limitations as to what constitutes the proper “character and reputation” to qualify for a LTCF. As such, it not only fails to provide an applicant with notice as to whether he/she has the requisite character and reputation, but also represents a problematic legislative delegation of authority, unlike the other explicit criteria found within Section 6109(e)(1).

Our Supreme Court in Commonwealth v. Ortiz, 545 PA. 279, 681 (1996) declared: “Because the ownership of firearms is constitutionally protected, its regulation is a matter of statewide concern… Thus, regulation of firearms is a matter of concern in all of Pennsylvania, not merely in Philadelphia and Pittsburgh, and the General Assembly, not city councils, is the proper forum for the imposition of such regulation.”

Contrary to this declaration, some local issuing authorities subjectively impose regulation regarding who is eligible for a LCTF, cloaking their regulation under the character and reputation clause. It is easy to imagine that this could – if it hasn’t already – lead to 67 vastly different sets of qualifying criteria across the Commonwealth, constantly changing according to the whims of the individuals elected or appointed to administer our issuing agencies.

Recently a young woman, who comes from a law enforcement background and lacks any criminal or mental health history, was denied a LCTF after moving to a different county, even though she was granted a LCTF by the county sheriff where she previously resided. The character and reputation provision allows for the unequal application of the law, as evidenced by this young lady’s plight.

The Supreme Court recently ruled on a similar matter of delegation and ambiguity. In finding that our School Code was unconstitutional as it violated the non-delegation provision of Article II, Section 1, the Court declared that the purpose of Article II, Section 1 is “to ensure the Pennsylvania Legislature makes basic policy choices and to protect against the arbitrary exercise or unnecessary and uncontrolled discretionary power." W. Philadelphia Achievement Charter Elementary School v. School District of Philadelphia, 132 A.3d 957, 966, 968 (Pa. 2016).

The Court continued on that “the legislative body must surround such authority with definite standards, policies and limitations to which such administrative officers, boards or commission must strictly adhere and by which they are strictly governed."

I urge you to join me in cosponsoring legislation to remove this ambiguous and constitutionally unsound delegation of authority and ensure that all Pennsylvanians are treated equally under our laws. No individual should have their constitutional rights diminished merely based on the county in which they reside.
View Attachment

http://www.legis.state.pa.us//cfdocs...cosponId=23170[ATTACH]Memo[/ATTACH]

[Brick]

Good! A bill we can actually support! Rep sent, I hope others do likewise!

[streaker69]

How will Philly deny licenses now?

[PAMedic=F|A=]

How will Philly deny licenses now?

They already have trouble with the court order that makes it pretty hard for them to do so.

Example Letter for your Rep & Senator

********




Senator **** & over worked staffers.

I am writing today to ask you co sponsor legislation in the Senate to coincide PA HB 918, which would removed the unconstitutionally vague "Character" clause of our License to Carry firearms. Although it would be best to eliminate the LTCF & follow section 21 of the Commonwealth Constitution, it would also be beneficial to remove this clause which denies LTCF to persons who do not have criminal records which prohibit them from owning or carrying firearms under the law. It has been a source of repeated litigation across the State, often which discriminates against monitory groups & the poor as most, if not all gun control laws due.but continues to cost both the Counties & the Commonwealth money do hear this cases which are caused by a frivolous abuse of power which undermines the trust & authority of government as every abuse of power does.

Some examples of this abuse of the Reputation clause are listed below:

Three Hundred questionable denials in Beaver County

https://beavercountian.com/content/d...people-applied

Questionable denial reasons given by Philly, which lead to lawsuits and a court order that severely restricts their ability to use the Reputation clause & cost the city 1.45 Million dollars. I wonder if this money could have been better spent elsewhere.

http://www.pagunblog.com/2012/08/16/...ermit-denials/

A summary of the order after the city wasted 1.45 million tax payer dollars.

http://www.pagunblog.com/2014/07/22/...gal-smackdown/

And a link to the court Ruling.

https://princelaw.files.wordpress.co...oval-order.pdf



Respectfully yours,

********** Twp.

P.S. School property tax elimination would not go unappreciated.


~~~~~~~~~~~~


Representative Harris & overworked staffers

I am writing today to ask you so sponsor legislation & support PA HB 918, & provide pressure so it gets out of committee. HB 918 removes the unconstitutionally vague "Character" clause of our License to Carry firearms. Although it would be best to eliminate the LTCF & follow section 21 of the Commonwealth Constitution, it would also be beneficial to remove this clause which denies LTCF to persons who do not have criminal records which prohibit them from owning or carrying firearms under the law. It has been a source of repeated litigation across the State, often which discriminates against monitory groups & the poor as most, if not all gun control laws due.but continues to cost both the Counties & the Commonwealth money do hear this cases which are caused by a frivolous abuse of power which undermines the trust & authority of government as every abuse of power does.

Some examples of this abuse of the Reputation clause are listed below:

Three Hundred questionable denials in Beaver County

https://beavercountian.com/content/d...people-applied

Questionable denial reasons given by Philly, which lead to lawsuits and a court order that severely restricts their ability to use the Reputation clause & cost the city 1.45 Million dollars. I wonder if this money could have been better spent elsewhere.

http://www.pagunblog.com/2012/08/16/...ermit-denials/

A summary of the order after the city wasted 1.45 million tax payer dollars.

http://www.pagunblog.com/2014/07/22/...gal-smackdown/

And a link to the court Ruling.

https://princelaw.files.wordpress.co...oval-order.pdf



Respectfully yours,

****Twp.
*****County


P.S. School property tax elimination would not go unappreciated.

[Sgt.K]

They already have trouble with the court order that makes it pretty hard for them to do so.

Example Letter for your Rep & Senator

********




Senator **** & over worked staffers.

I am writing today to ask you co sponsor legislation in the Senate to coincide with PA HB 918, which would remove the unconstitutionally vague "Character" clause of our License to Carry Firearms. Although it would be best to eliminate the LTCF & follow section 21 of the Commonwealth Constitution, it would also be beneficial to remove this clause which denies LTCF to persons who do not have criminal records which prohibit them from owning or carrying firearms under the law. It has been a source of repeated litigation across the State, which often discriminates against minority groups & the poor as most, if not all, gun control laws do, but continues to cost both the Counties & the Commonwealth money to hear these cases which are caused by a frivolous abuse of power which undermines the trust & authority of government as every abuse of power does.

Some examples of this abuse of the Reputation clause are listed below:

Three Hundred questionable denials in Beaver County

https://beavercountian.com/content/d...people-applied

Questionable denial reasons given by Philly, which lead to lawsuits and a court order that severely restricts their ability to use the Reputation clause & cost the city 1.45 Million dollars. I wonder if this money could have been better spent elsewhere.

http://www.pagunblog.com/2012/08/16/...ermit-denials/

A summary of the order after the city wasted 1.45 million tax payer dollars.

http://www.pagunblog.com/2014/07/22/...gal-smackdown/

And a link to the court Ruling.

https://princelaw.files.wordpress.co...oval-order.pdf



Respectfully yours,

********** Twp.

P.S. School property tax elimination would not go unappreciated.

If I may:

Just a few (highlighted) spelling, grammar, and/or punctuation edits, for anyone who wants to cut-n-paste. There are some run-ons that could benefit from tweaking, but this takes care of a few more glaring errors that could get the letter canned before being fully read.

[PAMedic=F|A=]

If I may:

Just a few (highlighted) spelling, grammar, and/or punctuation edits, for anyone who wants to cut-n-paste. There are some run-ons that could benefit from tweaking, but this takes care of a few more glaring errors that could get the letter canned before being fully read.

:-P

[gghbi]

You must spread some Reputation around before giving it to Sgt.K again.

Good job Sgt.K !!

[Statkowski]

Point of Order: It's not "section 21 of the Commonwealth Constitution" but rather "Article 1, Section 21 of the Pennsylvania State Constitution."

[john9001]

It is also "vague and arbitrary".

[God's Country]

Constitutional Carry!

And all this BS goes away.